Terms and conditions

Terms and conditions of Gusta Garden GmbH
Bodensdorf, August 2, 2021

1. Contract partner
2. Payment
3. Shipping
4. Shipping costs
5. Return
6. Ownership of rights
7. Prices
8. Right of withdrawal and return form
9. Storage of the contract text
10. Contractual language
11. Warranty
12. Compensation and product liability
13. Severability clause

1. Contract partner

For all orders in the Gusta Garden online shop the contract partner of the customer is
Gusta Garden GmbH
Eschenweg 16,
A-9551 Bodensdorf
Registered number: FN 476128 p
Company register court: Provincial Court of Klagenfurt
E-mail: [email protected]
VAT-number: ATU72470239

Member of the professional association Austrian Economic Chamber: 6146164

Our offers are non-binding. Which means that in case of unavailability we have no obligation to deliver. The representation of the products in the online shop does not represent a legally binding offer, but a noncommittal online catalog. By clicking the button "place order" you confirm a binding order of all selected products in the cart. Immediately after you have placed your order, you will automatically receive an email confirmation. With the shipping or the shipping notification the purchase contract is confirmed. Austrian law applies exclusively.

2. Payment

The following payment options are available for selection: PayPal, credit card and EPS online banking.
Bank data
Account holder: Gusta Garden GmbH
Sparkasse Feldkirchen
IBAN: AT73 2070 2000 0001 5198
BIC/SWIFT: SPFNAT21XXX

3. Shipping

A commissioned shipping company delivers to your postal address. Please make sure to transmit your correct address. Deliveries to post office boxes are not possible. For the legal warranty please claim visual transport damages at the shipping company straightaway.

We deliver our products worldwide. If you cannot find your country as recipient in the checkout process, please write an email to [email protected]. All deliveries follow the calculation of the statutory value-added tax. All other diverse tax costs or customs duties arising must be assumed by the customer. Therefore, the total charge of the customer can differ from the stated prices on the Gusta Garden product sites due to the exchange rates and the different tax regimes. You get a detailed summary of all costs at the checkout process. Please check the latest information of your customs office regarding possibly arising customs duties.

The current terms of delivery can be found on the site Payment and Shipping, as well as at our FAQ's.

4. Shipping costs

In the value of more than 70€ shipping within the EU is free. Shipping costs are not included in the purchase price. They can be called up on the site Payment and Shipping, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5. Return

If you wish to make use of the cancellation of purchase (see point 8 for the exact procedure), you have to announce your return first via email at [email protected] (e.g. with the return form). Please return the goods at your expense. If the goods are returned freight collect, we will invoice the corresponding amount. Please note that the goods will be returned without any signs of use beyond inspection, and preferably in undamaged original packaging. Within the EU, no customs duties will be charged. Outside the EU all customs duties and customs costs must be paid by you.

6. Retention of title

In the case of consumers, we reserve the right of ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur, we reserve the right of ownership of the object of purchase until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

7. Prices

The prices stated on the product pages are final prices, are in Euro (€) and include VAT and other price components.

8. Right of withrawal and return form

Consumers have the right of withdrawal within fourteen days. A Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither his commercial nor his independent professional activity

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. In order to exercise your right of withdrawal you must inform us (Gusta Garden GmbH, Eschenweg 16, A-9551 Bodensdorf, Österreich, [email protected]) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can also use the return form. In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of withdrawal
If you revoke this Agreement, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will we charge you for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear all direct costs of returning the goods. Within the EU, no customs duties are payable. Outside the EU, all customs duties and customs costs must be paid by you. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their nature, characteristics and operation.

Exceptions of withdrawal
The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• for the delivery of goods if, due to their nature, these have been inseparably mixed with other goods after delivery,
• for the delivery of perishable goods.

9. Storage of the contract text

We save the text of the contract and send you the order data by e-mail. You can also view and download the terms and conditions at any time here on this page. You can view your past orders in our customer login.

10. Contractual language

The available language for the conclusion of the contract is English and German.

11. Warranty

If defects occur in the purchased goods which are not due to user errors, you as a consumer are entitled to the statutory warranty rights (24 months). Excluded from the warranty are defects and malfunctions for which the seller is not responsible, such as natural wear and tear, force majeure, improper handling, improper intervention by the buyer(s) or third parties.

12. Compensation and product liability

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or – in the case of consumer transactions – to damage to items accepted for processing. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. The provisions on damages contained in these GTCs or otherwise agreed upon shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim. We are not liable for indirect damages. We assume no liability for the constant and uninterrupted availability or for technical or electronic errors of the online offer. We are not liable for damages caused by unauthorized persons buying from us with the help of the password assigned to the user. We are not liable for damages resulting from the acceptance of packages by third parties. Please ensure that each parcel can only be accepted by authorized persons and, in case of doubt, give appropriate instructions to the deliverer. The respective manufacturer of the products we sell are therefore liable for manufacturing defects.

13. Severability clause

If individual provisions of the contract with the buyer(s) including these General Terms and Conditions of Business be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to the invalid one. The same applies in the event of a contractual loophole.